Hmm. I got mine from IBM via email back on April 10. Maybe yours went to
spam? And now they're getting desperate to find you? :)
Dear Jeff Crosby
Personal Data and its protection are becoming increasingly important to
individuals and enterprises. As you may know, the European Union passed the
General Data Protection Regulation (GDPR) effective 25 May, 2018. The GDPR is
designed to ensure a consistent level of protection of the rights and
freedoms of natural persons with regard to the processing of their data and
to establish one set of data protection rules across the European Economic
Area (EEA).
The GDPR applies to all organisations established in the EEA but also to
organisations established outside the EEA, when their processing activities
relate to the offering of goods and services to individuals in the EEA or
to the monitoring of individuals' behaviour within the EEA.
IBM is committed to GDPR readiness.
Your company may have one or more agreements in place with companies or
affiliates of the IBM group (hereafter "IBM"), where IBM provides a service
to you that involves the processing of your Personal Data by IBM.
Accordingly, IBM acts as processor of your Personal Data.
According to the GDPR (Article 28), both controller and processor, have the
obligation to enter into an agreement governing the processing of Personal
Data. The GDPR explicitly sets out requirements with regard to the content
of such agreement.
In order to comply with this statutory requirement, IBM has created an IBM
Data Processing Addendum (DPA) and applicable DPA Exhibit, which amend our
existing contracts, to apply in situations where IBM is processing Personal
Data within the scope of the GDPR. In the event of any conflict with
existing data privacy or security terms, the DPA and applicable DPA exhibit
shall prevail.
In order to ensure that our contracts are amended to comply with the GDPR,
we kindly ask you to take the following actions by May 24, 2018 (the "Due
Date"):
Please click this link
<redacted>
to review IBM's Data Processing Addendum (DPA) and DPA exhibit which
applies to your IBM offerings to express your acceptance of its terms. If
you need to delegate the acceptance of the terms to someone else in your
company, please do this directly in the tool by changing the signer.
Note: Please
do not just forward this email to someone else, as they will not be able to
access the tool, unless they have been delegated to perform this action.
If no explicit consent is given by the Due Date, but you continue to use
the services provided under the relevant IBM contract already in in place,
the GDPR terms as set out in the DPA, and associated to your offering with
IBM will apply to that contract. Such GDPR terms, apply to your contract
with IBM, to the extent that the GDPR applies to content. This will ensure
GDPR compliance.
If you believe IBM is not processing any of your Personal Data or the
Personal Data processed by IBM is not subject to the GDPR, please click the
"opt out" button when directed to accept the DPA, and provide the reasons
behind the "opt out" in the appropriate box. It is in both of our interests
to have a proper record of the steps we have taken to ensure compliance
with the GDPR in order to be able to provide this to Data Privacy
Supervisory Authorities upon their request.
Additional details connected to your offering will be provided at the time
you place a new order with IBM or you renew the existing one.
If you have been contacted already by your IBM representative specifically
about compliance with the GDPR and its implications for your contractual
relationship(s) with IBM, please refer to him for the next steps to be
taken.
Your prompt cooperation is greatly appreciated. If you have any questions,
please access this link: www.ibm.com/data-responsibility/gdpr/terms/
welcome.jsp#!/chat
Privacy Shield is one of the approved certification mechanisms in the EEA
under GDPR Article 28.5 for personal data transferred to the United States;
for more information about IBM offerings and Privacy Shield see
https://www.ibm.com/privacy/details/us/en/cross_border_
transfers_via_privacy_shield.html.
<
https://www.ibm.com/privacy/details/us/en/cross_border_transfers_via_privacy_shield.html>
Additional information for customers about the GDPR and the IBM GDPR Readiness
Journey can be found here: www.ibm.com/gdpr
Thank you.
IBM Global Markets
On Wed, May 16, 2018 at 12:44 PM, Jim Oberholtzer <
midrangel@xxxxxxxxxxxxxxxxx> wrote:
I just received a FedEx overnight delivery from IBM. It has a one page
form
letter to "Dear Valued Client".
It basically says IBM will be complying with the EU GDPR regulations
(regulations without any enforcement mechanism, nor penalties) and go to a
web site that explains any of the terms/condition changes as the result of
this regulation.
Then it gets better, there is a unique identifier on the FedEx envelope
that
you need to use to go onto the web site to indicate your acceptance of the
new terms. So, if like my assistant does, the letter is extracted from the
envelope and the envelope discarded (since when do we keep those anyway?)
now how are you supposed to go onto the web site? Think of the mail rooms
in larger organizations. Geesh..
Better yet, they say that if you do nothing by the "due date" (May 24,
2018)
they assume you agree and off you go.
US based customers could have been serviced by the Post Office just as
easily and most likely cheaper. Why use FedEx? I swear the lawyers at IBM
make life so much harder and expensive than it has to be. I wonder where
the stock prices would be without this type of insane expense.
HP, Cisco, Dell, and Brocade all sent me similar notices, via email....
--
Jim Oberholtzer
Agile Technology Architects
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